State v. Gore
408 S.C. 237
| S.C. Ct. App. | 2014Background
- Police obtained a warrant to search 309 Junco Circle after (a) an informant-recorded cocaine buy allegedly at the residence (date/time omitted from the affidavit) and (b) officers observed and recorded a second buy within 72 hours after following Gore from the residence.
- Magistrate issued the warrant; search recovered a large quantity of cocaine and two handguns. Gore was indicted for trafficking 200–400 grams of cocaine.
- Gore moved for a Franks evidentiary hearing, arguing the affidavit intentionally omitted/ misrepresented timing (first buy occurred seven months earlier), and thus was misleading. The court denied the Franks motion.
- At trial the State admitted two photos found in the master bedroom of Gore holding large sums of cash; Gore objected as irrelevant/prejudicial.
- Jury convicted Gore of trafficking; court sentenced him to 25 years and a $100,000 fine. Gore appealed raising three issues.
Issues
| Issue | Plaintiff's Argument (Gore) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether court erred in denying Franks hearing / affidavit was false or misleading | Affidavit omitted date/time of first buy and misleadingly suggested it occurred within 72 hours of warrant; therefore Franks hearing required and affidavit insufficient | Affiant supplemented the written affidavit with oral testimony to the magistrate (stating dates/times); omissions were common practice to protect informant; affidavit + oral testimony provided probable cause | Denial affirmed — Gore failed to make preliminary showing of deliberate falsehood/reckless omission; magistrate had substantial basis for probable cause under totality of circumstances |
| Admissibility of two photos of Gore holding cash | Photos were irrelevant (not taken in the house) and unduly prejudicial, invited inference of criminality | Photos tended to show Gore was connected to the residence; proper foundation laid | Admission was error but harmless given overwhelming evidence linking Gore to the residence and cocaine seizure |
| Failure to charge lesser-included offense (simple possession) | Evidence of only residue in guest room could support constructive possession of a smaller amount; jury could conclude only simple possession | Evidence overwhelmingly showed Gore resided in the home and larger quantities were in master bedroom with personal effects; no evidence supporting only guest-room constructive possession | Denial affirmed — no evidentiary basis to warrant a lesser-included instruction |
Key Cases Cited
- Franks v. Delaware, 438 U.S. 154 (1978) (establishes two-prong test for challenging veracity of warrant affidavit)
- State v. Winborne, 273 S.C. 62 (S.C. 1979) (affidavit must state time sufficiently close to issuance to justify probable cause)
- Illinois v. Gates, 462 U.S. 213 (1983) (totality-of-the-circumstances standard for probable cause)
- State v. Jones, 342 S.C. 121 (S.C. Ct. App. 2000) (Franks-related standards; oral testimony may supplement affidavit)
- State v. Missouri, 337 S.C. 548 (S.C. 2000) (adoption/explanation of Franks two-prong test)